BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 647
                                                                  Page  1

          Date of Hearing:  June 27, 2011

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                                Henry T. Perea, Chair

             SB 647 (Committee on Judiciary) - As Amended:  June 16, 2011

          Majority vote.  Fiscal committee.

           SENATE VOTE  :  38-0
           
          SUBJECT  :  Civil law:  omnibus bill

           SUMMARY  :  Contains numerous civil law provisions authored by the 
          Senate Judiciary Committee.  Specifically, the tax-related 
          provisions of  this bill  add amounts due under Welfare and 
          Institutions Code (W&IC) Section 903.1 to the list of delinquent 
          fines and penalties that may be referred to the Franchise Tax 
          Board (FTB) for collection.  W&IC Section 903.1, in turn, 
          imposes joint and several liability on specified individuals, 
          including parents, for expenses incurred by a county or court 
          for legal services provided to a minor pursuant to a juvenile 
          court order.  

           EXISTING LAW  :

          1)Allows superior courts, counties, and the state to refer 
            certain delinquent fines and penalties to the FTB for 
            collection under guidelines prescribed by the FTB.  Once 
            delinquent for 90 or more days, all of the following may 
            currently be referred to the FTB:

             a)   Fines;

             b)   State or local penalties;

             c)   Bail;

             d)   Forfeitures;

             e)   Restitution fines;

             f)   Restitution orders; and, 

             g)   Any other amounts imposed by a superior court that are 








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               due and payable in an amount totaling at least $100, in the 
               aggregate, for criminal offenses, including all offenses 
               involving a violation of the Vehicle Code.  ÝRevenue and 
               Taxation Code (R&TC) Section 19280(a)(1)]  

          2)Specifies that, once the FTB provides a debtor with written 
            notice, any delinquent amount so referred (plus applicable 
            interest), shall be treated as due and payable to the state, 
            and shall be collected from the debtor in any manner 
            authorized for the collection of a delinquent personal income 
            tax liability.  ÝR&TC Section 19280(c)]      

          3)Provides  that, if a county or court incurs expenses for legal 
            services provided to a minor pursuant to a juvenile court 
            order, the following shall be jointly and severally liable for 
            the cost:

             a)   The father;

             b)   The mother;

             c)   The spouse;

             d)   Any other person liable for the minor's support; 

             e)   The estate of "that person" (ostensibly meaning any 
               person named above); and, 

             f)   The minor's estate.  ÝW&IC Section 903.1(a)]  

          4)Specifies that the above-named individuals and estates (with 
            the apparent exception of the minor's estate) shall also be 
            liable for any cost to the county or court for legal services 
            directly rendered in a dependency proceeding to the father, 
            mother, or spouse of the minor pursuant to a juvenile court 
            order.  ÝW&IC Section 903.1(a)]  

          5)Directs the Judicial Council to establish a program to collect 
            reimbursements from those persons liable for the costs of 
            counsel pursuant to W&IC Section 903.1 in dependency 
            proceedings.  As part of this program, the Judicial Council 
            must adopt:

             a)   A statewide standard for determining one's ability to 
               pay reimbursements for counsel; and, 








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             b)   Policies and procedures allowing courts to recover from 
               the money collected the costs associated with collecting 
               delinquent reimbursements.  ÝW&IC Section 903.47(a)]  

          6)Provides that, except as otherwise authorized, the money 
            collected under this program shall be used to reduce the 
            caseloads of attorneys appointed by the court.  ÝW&IC Section 
            903.47(a)]  

           FISCAL EFFECT  :  The FTB estimates that this bill would not 
          impact state income tax revenues.  

           COMMENTS  :

          1)SB 647 is the Senate Judiciary Committee's omnibus bill.  The 
            Senate Judiciary Committee's own analysis of this bill notes, 
            "To be considered for inclusion, each provision must be 
            non-controversial and not be so substantive as to be more 
            appropriate for a stand-alone bill.  If a non-controversial 
            provision later becomes controversial, that provision will be 
            removed from the bill."  

          2)The FTB notes the following in its staff analysis of this 
            bill:

             a)   "This bill would allow the FTB to collect specified 
               legal costs relating to an order of the juvenile court.  
               Specified legal costs would include the costs for counsel 
               appointed to represent parents or minors pursuant to 
               dependency proceedings."  

             b)   "The FTB currently collects fines; Ýsic] state or local 
               penalties, forfeitures, restitution fines, restitution 
               orders, or other amounts imposed by a superior or municipal 
               court of the State of California referred from courts of 43 
               participating counties and maintains an inventory of 
               approximately 1.1 million cases.  ÝCourt ordered debt] 
               collection is accomplished primarily through the use of 
               wage garnishments and bank levies."  

             c)   "This bill would not impact the department's costs 
               because the cost to the FTB to collect these reimbursements 
               debts would be deducted from any amounts collected prior to 
               being distributed.  The FTB's Ýcourt ordered debt] system 








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               can accommodate the increase in the workload that this bill 
               is expected to generate."   

          3)Committee Staff Comments:

              a)   Sponsor and purpose  :  The Judicial Council is sponsoring 
               the tax-related provisions of this bill.  Specifically, the 
               Judicial Council states that this proposal "would improve 
               the ability of the court to generate revenues for court 
               appointed counsel in dependency matters by . . . providing 
               courts that use FTB for other court ordered debt 
               collections with the ability to use their services for this 
               court-ordered debt as well."  

              b)   Background  :  In 2009, Governor Schwarzenegger signed 
               into law AB 131 (Evans), Chapter 413, Statutes of 2009.  
               Among other things, AB 131 directed the Judicial Council to 
               establish a program for collecting reimbursements from 
               persons liable for the costs of counsel appointed to 
               represent parents or minors pursuant to W&IC Section 903.1. 
                AB 131 also provided that the money collected under this 
               program must be used to reduce the caseloads of attorneys 
               appointed by the court.  Unfortunately, Judicial Council 
               staff notes that the program is currently underfunded, and 
               that attorney caseloads do not meet the standards 
               established by the Judicial Council.  The Judicial Council 
               believes that the proposals included in this bill will help 
               to mitigate the underfunding of this program and will 
               promote better service for abused and neglected children 
               and their parents in dependency proceedings.

              c)   Related legislation  :  

               i)     AB 2928 (Spitzer), Chapter 752, Statutes of 2008, 
                 authorized the Department of Corrections and 
                 Rehabilitation to refer restitution orders to the FTB for 
                 collection, as specified.  

               ii)    AB 367 (De Leon), Chapter 132, Statutes of 2007, 
                 directed the Judicial Council to establish a task force 
                 to evaluate criminal and traffic-related court-ordered 
                 debts imposed against adult and juvenile offenders.  AB 
                 367 also lowered the minimum balance requirement for 
                 referral of debts for collection to the FTB to $100.  









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           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Judicial Council of California (sponsor of tax-related 
          provisions) 
           
            Opposition 
           
          None on file  

           Analysis Prepared by  :  M. David Ruff / REV. & TAX. / (916) 
          319-2098